Erica Inderlied
From: Jeff A
Sent: Thursday, June 15, 2023 12:14 PM
To: City Council
Cc: Jeff A
Subject: 677 Vista Pacifica, Pismo Beach - Weed Abatement Protest - TIME SENSITIVE Attachments: IMG_3501.jpg
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Hello Pismo Beach City Council,
I apologize in advance for my lengthy email, but very much appreciate your time reviewing! I am in receipt of a letter from Fire Captain Dennis Byrnes, dated June 7, 2023, regarding weed abatement on my property located at 677 Vista Pacifica in Pismo Beach to be completed on or before June 20, 2023. The letter states that I must, "... clean up palm trees and remove dead palm fronds." All fallen dead palms on the ground have been removed; however, my two (2) palm trees have not been trimmed.
Several months ago, Captain Byrnes came to my residence and asked me to trim the palm trees in my backyard because palm trees burned in the Avila fire. I explained to him that when I first bought my home, I contacted two arborists to trim the trees and they both refused the job for two reasons, which I will address later. Despite the reasons, Captain Byrnes insisted I find an arborist who "would do the job". So, I contacted Cobb Tree Service to see if I could get a bid from them. For the same reasons as the prior two arborists mentioned, Cobb refused. Feel free to confirm with Jason from Cobb Tree Service at (805) 801-5351 with any questions.
All three arborist who saw the trees stated that by law, access and owls prevented them from trimming the trees. They saw barn owls that were either nesting or perched in one of the two trees upon inspection. Every year, the owls nest in the tree to the north that has the most palms (picture attached). Trimming any tree with nesting owls is prohibited under the Migratory Bird Treaty Act of 1918.
The second reason the arborists would not perform the work is because they could not access my backyard with a lift given the geography of my property and neighborhood (sloped, enclosed, and concrete steps). He explained there is a law that prohibits trimming tall palm trees without using a lift due to risk of injury and death. Furthermore, all arborists explained that the palms would naturally fall as almost all did on the south palm did in 2017. The palms fronds on my north tree have been there since I purchased the home in 2015 and appear to be ready to drop any time now. Nevertheless, the City should be informed of the risks and liability as the arborists described to me. Therefore, I kindly ask all members of the Council, City Attorney and Fire Chief to watch the short videos below to illustrate the aforementioned risks when considering this matter. Please forward this email to the Attorney and Chief.
NBC News segment, click on the video titled "Tree Trimmer Killed While Working on 80 Foot Palm Tree". (Note: the palms are the same variety as mine): https://www.nbcsandiego.com/news/local/after-tree-trimmers-death-in-bonita- arborist-and-trimming-expert-explains-dangers-of-the-job/3168731/#:—:text=%2C%22%20he%20explained.- ,In%20California%2C%2068%20tree%20trimmers%20died%20on%20the%20iob%20between,how%20he%20approaches %20tree%20trimming.
Only a 20 foot palm tree killed someone: https://www.youtube.com/watch?v=Hzr5ef4tUfU Tree trimmer stuck in palm fronds: https://www.youtube.com/watch?v=Fu1NKcQCe3o 1 Trimmer's back contorted when fronds fall: https://www.youtube.com/watch?v=9DEb4-McJZo LA Fire Dept explains dangers of trimming palms: https://www.youtube.com/watch?v=sZoghlsJCpO In conclusion, I have always disposed of my weeds and even planted ice plant as a fire retardant throughout my backyard. We all greatly value Captain Byrnes' work in annual fire prevention, but this is a unique case. I plead the City Council conduct a risk -benefit analysis and consider the owls' nesting and safety of City's contract laborers. Hopefully, you all conclude that simply allowing the fronds to fall organically is the most risk -averse and cost-effective approach for all, including the owls. However, if the City wishes to proceed with trimming my palms, then I am formally requesting a 60-day extension after notice served so we may engage in consummating an agreement by and between me and the City to address scope, price, insurance, liability, idemnification, etc. before work commences.
Please kindly confirm receipt and feel free to reach out anytime with questions. I look forward to your favorable response.
All the best,
Jeff Allen
(805) 801-7676
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